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FTC Telemarketing Sales Rule

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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FTC v. Hewitt, No. 21-56037, 2023 U.S. App. LEXIS 11571 (9th Cir. May 11, 2023)

Judgment was entered against Hewitt in 2012 for violating the FTC's Telemarketing Sales Rule.  The judgment required him to pay nearly $500 million in equitable monetary relief.  In AMG Capital Management, LLC v. FTC (2021) 141 S.Ct. 1341, the Supreme Court held that the FTC Act did not authorize awards of equitable monetary relief.  Hewitt moved to vacate that portion… Read More

Unified Data Servs., LLC v. FTC, No. 20-16128, 2022 U.S. App. LEXIS 19286 (9th Cir. July 13, 2022)

Plaintiff lacked Article III standing to challenge the FTC's opinion letter which took the position that use of soundboard technology on collection calls involved use of prerecorded messages that violated the FTC Telemarketing Sales Rule.  The complaint did not allege that plaintiff had any concrete plans to violate the FTC's new interpretation of its Telemarketing Sales Rule. Read More